Nonconforming uses, structures, and sites are inconsistent with a coherent zoning plan and the established standards and regulations set forth in this title and should be eliminated as soon as feasible. The purpose of these provisions relating to the continuation, reconstruction, and abatement of nonconforming uses, structures, and sites is to:

A.

Bring them into conformance with the development standards and design guidelines of the Zoning Regulations of the city (Title 18 of the Whittier Municipal Code);

B.

Reduce the occurrence and limit the extent of nonconformance by prohibiting expansion, intensification, reinstatement, alteration, reconstruction after destruction, and reestablishment after abandonment; and

C.

Phase out nonconforming uses, structures and sites in accordance with the abatement periods set forth below.

(Ord. 2806 § 11 (part), 2002)

These regulations shall apply to all nonconforming uses, structures and sites, located within all zones in the city and shall be applicable to all specific plans unless otherwise specifically addressed or exempted by the resolution or ordinance adopting such specific plan. The regulation of nonconforming signs shall be as set forth in Division II of this title (Chapters 18.68 through 18.78).

(Ord. 2806 § 11 (part), 2002)

Nonconforming uses, structures and sites may be continuously utilized and maintained, subject to the provisions of this chapter.

(Ord. 2806 § 11 (part), 2002)

Reasonably necessary maintenance and repair of a nonconforming structure or site is permitted, provided that such maintenance or repair does not include reconstruction or replacement of a destroyed structure. Notwithstanding the foregoing, reconstruction or remodeling is permitted under the following circumstances but shall not extend the period of abatement relating to such nonconforming structure or site:

A.

Where a part of such structure or site is taken for any public use by condemnation, dedication or purchase by any agency having the power of eminent domain provided such reconstruction, alteration or repair shall be limited to that necessary to render the structure or site, reasonably safe for continued use; or

B.

When approved as part of the city's housing rehabilitation program.

(Ord. 2806 § 11 (part), 2002)

Any alteration of a nonconforming use, site or structure that would result in an expansion, relocation or intensification of the nonconformity or further deviation from conformance shall be prohibited. Notwithstanding the foregoing, such alteration is permitted under the following circumstances but shall not extend the abatement period of the nonconformity to which the same relates; and, once abated, the nonconformity shall not be reestablished:

A.

Uses.

1.

Elimination of Nonconformity. Any alteration that brings the use into conformity with all provisions of this title as of the date of the alteration shall be permitted.

2.

Legal Compliance. Any alteration required to comply with any law, including, but not limited to, the zoning regulations, shall be permitted.

3.

Maintenance. The provisions of this chapter shall not be construed to place any limitation upon repair or remodeling deemed necessary by the city pursuant to the provisions of this title when the structure and site are conforming but the use thereof is not, provided such maintenance is not for the purpose of, and does not expand, the nonconforming use.

4.

Multi-Use Development. Where multiple uses located on C-zoned and/or M-zoned lots, which form a single development site under common ownership, are nonconforming solely by reason that one or more of the uses is not permitted in the zone, new uses or structures shall be permitted on such lot(s) provided all of the requirements of this title are complied with as to any such new use or structure.

B.

Structures.

1.

Elimination of Nonconformity. Any alteration that brings the structure into conformity with all provisions of this title as of the date of the alteration shall be permitted.

2.

Legal Compliance. Any alteration required to comply with any law, including, but not limited to, the zoning regulations, shall be permitted.

3.

New use. Any new use proposed within a nonconforming structure shall comply with all of the regulations contained in this title.

C.

Sites.

1.

Elimination of Nonconformity. Any alteration that brings the site into conformity with all provisions of this title as of the date of the alteration shall be permitted.

2.

Legal Compliance. Any alteration required to comply with any law, including, but not limited to, the zoning regulations, shall be permitted.

3.

New use. Any new use on a nonconforming site shall comply with all of the regulations contained in this title.

4.

New Structure. Any new structure proposed to be located on a nonconforming site shall be constructed and/or located on the site in compliance with all of the regulations contained in this title.

5.

Residential—Nonconforming Parking Facilities. Alteration of residential structures located on a site that is nonconforming solely by reason of a lack of parking facilities, shall be permitted without complying with the off-street parking requirements of this title, provided:

a.

The alteration does not result in additional units and/or additional bedrooms being constructed upon the lot; and

b.

Any expansion of the structure does not occupy an area where conforming parking could be established. If adequate space for all or a portion of the required parking exists on the site, such parking shall be installed as part of the expansion and shall be established prior to completion of such expansion.

c.

The alteration shall comply with all applicable development standards, architectural standards, and design guidelines for the underlying zoning as set forth in this title;

6.

Residential-Nonconforming Number of Dwelling Units. Alteration of residential structures located on a site that is nonconforming solely by reason of more than the permitted number of units on the site, shall be permitted, provided:

a.

Any alteration shall comply with the development standards applying to the underlying zoning as set forth in this title;

b.

Any alteration shall not result in additional units being constructed upon the lot;

c.

If the alteration results in the addition of bedrooms, the entire site shall be brought into compliance with the off-street parking requirements of Chapter 18.48 at the time of the alteration.

(Ord. 2806 § 11 (part), 2002)

The reconstruction of nonconforming structures damaged or destroyed shall be subject to the following:

A.

Damaged Structures. A damaged structure may be repaired only if the estimated cost of such repair does not exceed fifty percent of the estimated cost to construct the same structure, determined as of the time that the damage occurs or as of the time applications for permits for such repair are filed, whichever, is higher. Any such repair shall comply with the following requirements. However, if the structure has been ordered to be demolished, it is subject to Subsection 18.62.060C:

1.

The Building Regulations of the city of Whittier, Title 15 of the Whittier Municipal Code, at the time permits are issued;

2.

The requirements of Title 18 of the Whittier Municipal Code, at the time permits are issued, to the greatest extent possible, as long as the predamage size, including number of bedrooms, is not exceeded;

3.

Architectural standards and design guidelines and standards of the city for the zone in which the lot or parcel is located;

4.

Application for development review pursuant to Chapter 18.56 of this title, for such repair or reconstruction shall be filed within six months of the date of the event causing the damage;

5.

The building permit for such repair or reconstruction is obtained within one year after the date of the damage and remains valid;

6.

Reconstruction or repair under a valid building permit must commence within six months of permit issuance;

7.

Reconstruction or repair must be completed within one year of commencement.

Damaged buildings determined to be a public nuisance by the city shall be demolished in accordance with the provisions of Title 15 of the Whittier Municipal Code. If permits to reconstruct a damaged building are not obtained within one year of the date the damage occurred, if reconstruction is not commenced within six months of issuance of a building permit for such reconstruction, or if reconstruction is not completed within one year after commencement, and if no extension of reconstruction time has been granted, the building shall be deemed a public nuisance. Nothing in this section shall be construed to prevent the city from requiring earlier demolition under the provisions of this code or other applicable law.

B.

Extension of time for reconstruction. The owner of property who has received a permit to repair or reconstruct a damaged building, or his/her authorized agent, may file an application for extension of the time to commence construction under a validly issued building permit, or to complete construction beyond the time permitted by this section. The planning commission may extend the time by approval of an application for extension of reconstruction time in accordance with this chapter if the owner demonstrates reasonable need:

1.

To receive such extension consideration, the property owner shall request an extension in writing on forms prepared for that purpose, no later than thirty days prior to the expiration of the time period sought to be extended as set forth in this chapter, including a full explanation of the reason why the extension should be granted.

2.

Applications for extension of reconstruction time shall be filed with the secretary of the planning commission. The secretary of the planning commission, upon receipt of a timely application, including the fee as set by resolution of the city council, shall set the matter for hearing before the planning commission and shall cause notice of the time and place of the hearing upon same to be given and shall cause a hearing on such application to be held as specified in Section 18.62.140 of this chapter. Any decision of the planning commission under this section may be appealed to the city council within ten days of issuance of the written notice specified in Section 18.62.140. In the absence of a timely filing of an appeal of the decision of the planning commission to the city council, the decision of the planning commission shall be final and conclusive as of the date of the adoption of the resolution granting or denying an extension. Any appeal to the city council shall be heard and decided as set forth in Section 18.62.140.

3.

The hearing body may grant an extension of time for reconstruction of a damaged building only upon making all of the required findings based upon the evidence presented at the hearing. The applicant shall have the burden of proof to show, by relevant evidence, the existence of facts supporting the conclusion that the findings as set forth below can be made:

a.

Granting an extension of time for reconstruction is necessary as a result of delays beyond the control of the owner of the property and the owner has acted in good faith and with due diligence;

b.

Granting an extension of time for reconstruction is necessary to avoid unreasonable hardship to the owner(s) of the property; and

c.

Granting an extension of time for reconstruction will not unreasonably interfere with the use, possession or enjoyment of surrounding properties.

C.

Destroyed Structures. If a primary structure on any site is destroyed, any nonconforming use, structure and/or site shall be considered to be abated and any replacement development shall comply with the use, development, and design standards applicable to the zoning classification of the lot or parcel of land at the time application for development review approval pursuant to Chapter 18.56 of this title is filed.

(Ord. 2806 § 11 (part), 2002)

A.

Uses. Nonconforming uses shall be abated and shall not be reestablished, when any of the circumstances listed below are found to apply:

1.

Abandonment. Whenever a nonconforming use has been abandoned.

2.

Elimination. When the structure that housed a nonconforming use has been destroyed.

3.

Change in Use.

a.

A change from a nonconforming use to a conforming use.

b.

A change from one nonconforming use to another nonconforming use. However, such change may be permitted only after approval by the planning commission, supported by its findings that the new use is reasonably similar to or less intensive than the previous use and compatible with adjacent uses. Any new nonconforming use permitted by the planning commission shall continue only for the unexpired portion of the abatement period remaining for the original nonconforming use under this title. No change from one nonconforming use to another shall be permitted after the abatement period for the original nonconforming use has expired.

4.

Expiration of abatement period. Nonconforming uses shall be abated and terminated upon the expiration of the periods of time set forth below. The periods of time shall be as follows, and shall commence to run as of the effective date of the ordinance that resulted in such use first becoming nonconforming:

a.

A nonconforming nonstructural accessory use, including but not limited to areas used for keeping of animals, vehicular off-street parking facilities, or outside storage: one year.

b.

A nonconforming use of a structure or site, except single family residential use of buildings intended for residential use: twenty years.

c.

A nonconforming use of a nonconforming structure or site shall comply with the shortest abatement period established by this chapter for such use, structure or site.

B.

Structures. Nonconforming structures shall be abated by demolition, removal, relocation, or alteration of the structure to bring it into conformity with all provisions of this title on or before the expiration of the periods of time set forth below. The periods of time shall be as follows, and shall commence to run as of the effective date of the ordinance which resulted in such structure first becoming nonconforming:

1.

Abandoned nonconforming structures: immediately.

2.

Nonconforming structures requiring no city building permit, including but not limited to, fences and walls: three years.

3.

Properties improved only with a nonconforming structure that is accessory to a nonexistent principal structure where no development application for the property has been approved or is pending approval since the time at which the property became nonconforming: one year.

4.

Nonconforming structures in R-zones designed for, and occupied with, a commercial use: five years.

5.

Nonconforming structures in commercial and manufacturing zones twenty-five years.

C.

Sites. A nonconforming site shall be abated by the alteration of the site to bring it into compliance with the development standards and design guidelines of this title, to the greatest extent possible, including but not limited to the requirements for architectural treatments, setbacks, landscaping and irrigation systems, temporary refuse storage areas, parking lot surfacing and striping, outside storage, and signs. Abatement shall be required any time that:

1.

A nonconforming site is abandoned.

2.

A nonconforming site is enlarged or altered in such a way as to occupy any part of any structure(s) on the site, or the site itself, which it did not occupy on the effective date of any ordinance codified in this title, or amendment thereto, which caused the site's nonconformance.

3.

Any structure located on a nonconforming site is moved, removed, enlarged, or significantly altered.

4.

The primary structure on a nonconforming site is destroyed.

5.

The use of a nonconforming site is changed in such a way as to increase the discrepancy between existing conditions and the standards set forth in this title.

6.

To satisfy the purpose and intent of this section, the zoning administrator may approve a reduction in the number of parking spaces required for a nonconforming site, by up to ten percent of then current code requirements.

(Ord. 2806 § 11 (part), 2002)

When the city finds any of the facts set forth in Section 18.62.070 to exist, or where it is found that the abatement period as to a use, structure or site as set forth in this chapter has expired, a written order of abatement (hereinafter "order") shall be issued and notice given to the owners and persons in possession thereof. Unless the nonconformity has been previously abated, the owner and/or person in possession of the property to which the abatement order relates shall comply within the time and in the manner stated in such order. The provisions of the Whittier Municipal Code relating to public nuisance abatement and/or any other legal method or procedure may be utilized to obtain compliance, where deemed necessary by the city manager. An abatement order may be appealed to the city manager as provided in Section 18.62.140 of this chapter. Any such appeal must be in writing and made within ten days of the date of the abatement order. The city manager's decision on such an appeal shall be final and conclusive.

The purpose of an extension of the abatement period shall be to provide a reasonable opportunity to amortize the property owners investment in cases of economic hardship while making every effort to insure that the use, structure or site for which the application is submitted, is or will be rendered compatible with other existing and permitted neighboring uses as soon as feasible. The application for extension of abatement provides a process for the city to review the applicant's statement relating to alleged economic hardship arising from abatement of a nonconforming use, structure, or site, the nonconformity's impact on the community and consistency with current city goals and policies, and to provide an opportunity for the owner of such a property to address his/her plans for the property and the reasons why amortization of the investment involved could not be accomplished in the amortization period provided in this title.

(Ord. 2806 § 11 (part), 2002)

The owner of property to which an order of abatement relates, or his/her authorized agent, may file an application for extension of the abatement period relating to an order to abate a nonconforming use, structure, or site. Such applications shall be filed and considered pursuant to the following procedures:

A.

Extensions by Zoning Administrator. The zoning administrator may extend the original abatement period, upon the filing of an application for extension of abatement in accordance with this chapter demonstrating reasonable need, in the following circumstances:

1.

If a development review application is pending on the property which is the subject of an abatement order; and

2.

The maximum total extension period that may be granted by the zoning administrator shall be six months.

B.

Extensions by planning commission. The planning commission may extend the original abatement period by approving an application for extension of abatement, filed by the applicant in accordance with this chapter, where the applicant demonstrates reasonable need for such extension as set forth in this chapter.

1.

To receive such extension consideration, the property owner shall request an extension in writing on forms prepared for that purpose, no later than ten days prior to the expiration of the abatement period as set forth in this chapter, including a full explanation of the reason why the extension should be granted.

2.

Applications for extension of abatement shall be filed with the secretary of the planning commission. The secretary of the planning commission, upon receipt of a timely application, including the fee as set by resolution of the city council, shall set the matter for hearing before the planning commission and shall cause notice of the time and place of the hearing upon same to be given and shall cause a hearing on such application to be held as specified in Section 18.62.140 of this chapter. Any decision of the planning commission under this section may be appealed to the city council within ten days of issuance of the written notice specified in Section 18.62.140. In the absence of a timely filing of an appeal of the decision of the planning commission to the city council, the decision of the planning commission shall be final and conclusive as of the date of the adoption of the resolution granting or denying extension. Any appeal to the city council shall be heard and decided as set forth in Section 18.62.140.

(Ord. 2806 § 11(part), 2002)

The following shall constitute the findings for granting an application for extension of abatement. Except for extensions which may be granted by the zoning administrator as set forth in Section 18.62.100A, the hearing body may grant the extension only upon making all of the required findings based upon the evidence presented at the hearing. The applicant shall have the burden of proof to show, by relevant evidence, the existence of facts supporting the conclusion that the findings as set forth below can be made:

A.

The property owner or applicant or both will suffer severe economic hardship unless an extension of time to abate the nonconformity is granted;

B.

The severe economic hardship is not the result of actions undertaken voluntarily by the property owner or applicant;

C.

The property owner and applicant have taken all reasonable and necessary steps to bring the property into conformity or mitigate the effects of its nonconformity within the abatement period permitted; and

D.

It is not reasonably feasible to relocate the nonconformity, alter the nonconformity, and/or redesign the site layout to conform to current development standards within the abatement period provided by this chapter because of special circumstances applicable to the property involved, such as size, shape, topography, location or surroundings, which make the approval of the application for extension of abatement necessary in order to facilitate a reasonable use of the property involved; and/or.

E.

As to nonconforming uses only, it is not reasonably feasible to relocate such nonconforming use.

No extension of abatement may be granted by the hearing body if the property on which the nonconformity does not have access to streets which are adequate in width and pavement type to carry the quantity and quality of traffic generated by the use; or if the continuation of the nonconformity will unreasonably interfere with the use, possession, or enjoyment of surrounding and adjacent properties, or the harm caused by allowing extension of the abatement period outweighs any demonstrated hardship upon the property owner seeking an extension of the abatement period.

(Ord. 2806 § 11 (part), 2002)

The granting of an application for extension of abatement may be conditioned. The purpose of any such conditions shall be to insure that the continued use of the nonconforming use, structure, or site will be in a manner consistent with the public peace, safety, general welfare and the provisions of this title.

(Ord. 2806 § 11 (part), 2002)

A.

An extension of abatement shall be effective for the period specified in the resolution approving the application for extension of abatement or, if no period is so specified, five years. No more than one extension of abatement may be granted, and no abatement period may be extended by more than five years.

B.

At the end of the extension period established in the resolution approving the application or as provided above, the approval shall expire and shall no longer be of any force and effect and the nonconforming use, structure, or site shall be abated as originally ordered or as required in this chapter.

C.

To remain valid, any and all conditions of approval of a resolution granting an extension of abatement shall be satisfied within six months of the date of approval. If the work required by any and all conditions of approval of an extension of abatement is not commenced and completed within said six month period, said approval shall expire and shall no longer be of any force and effect and the nonconforming use, structure, or site shall be abated as originally ordered and/or as required by this chapter.

(Ord. 2806 § 11 (part), 2002)

A.

Where an appeal is permitted in this chapter, such appeal shall be conducted in the manner prescribed in this section.

B.

An appeal must be submitted in writing within the time prescribed in the Section permitting an appeal. If not appealed within the prescribed time period, then the determination, decision or order shall be deemed final and conclusive.

C.

Unless other hearing procedures are specifically provided elsewhere in this chapter, the city manager, which shall include his/her designee throughout this section, shall schedule a hearing to be held within fifteen days after the filing of the appeal. Notice of the date, time, and place of the hearing shall be mailed by first class mail, postage prepaid, at least ten days prior thereto, to the person appealing and the property owner(s).

D.

The hearing officer/body shall determine, after consideration of all evidence presented at a hearing, whether the determination, decision, or order is proper. The decision of the hearing officer/body shall be made within three days of the conclusion of evidence presented at the appeal hearing. Notice of the decision shall be immediately mailed by first class mail to the person appealing and the property owner(s) and shall refer to any further right of appeal under this chapter and/or to the right of that person to seek judicial review of any final decision pursuant to California Code of Civil Procedure Section 1094.5. Such notice shall identify the specific findings upon which the decision regarding the grant, conditional grant, or denial of the appeal is based.

(Ord. 2806 § 11 (part), 2002)

A.

Structures under construction. Any structure or site development may be completed and utilized notwithstanding the subsequent adoption of any regulations contained in this title or any amendment thereof which would have the effect of rendering the use, structure or site nonconforming ("subsequent regulation"), provided that:

1.

A valid building permit has been issued or a structure for which no building permit is required is under construction prior to the operative date of any subsequent regulation, and

2.

Construction is timely commenced and completed in accordance with the plans and specifications upon which any such building permit was issued.

B.

Public Utilities. The provisions of this title concerning the required abatement of nonconforming uses, structures and sites, and the reconstruction of nonconforming structures damaged or destroyed, shall not apply to public utility structures when such pertain directly to the rendering of the service of a utility, such as, but not limited to, electric distribution and transmission substations, communications equipment buildings, reservoirs, water wells and pumps, natural gas storage and metering and valve control stations; nor shall any provision of this chapter be construed or applied so as to prevent the expansion, modernization or replacement of such public utility structures, equipment and features as are used directly for the delivery of or distribution of the service, provided that this section shall not exempt such uses from the provisions of this chapter covering nonconformity of such structures or uses not immediately related to the direct service to consumers, including, but not limited to, warehouses, storage yards, vehicle maintenance facilities, and abandoned structures.

C.

Public Acquisition. Whenever the area of a lot is reduced below the applicable minimum, or a structure or site would otherwise be rendered nonconforming within the meaning of this title solely because of dedication to, or purchase by, a public agency for any public purpose; or acquisition in eminent domain proceedings, such structure or site shall not be considered to be nonconforming, provided that, if subsequent to such acquisition, the structures located upon such lot are destroyed, determined as of the time applications for permits for such reconstruction or rehabilitation are filed, no reconstruction or rehabilitation shall take place unless compliance is had with all of the provisions of this title and Title 15 of the Whittier Municipal Code.

(Ord. 2806 § 11 (part), 2002)

Estimated costs required to be determined pursuant to this chapter shall be made by the building official within thirty days of application for development review or building permits for the affected property, in the same manner as building permit valuations are established. Any property owner dissatisfied with the cost estimates made by the city may appeal such decision in compliance with Section 18.62.140 within twenty days of the date of the city's issuance of a cost estimate under this section. Along with a written appeal as required in Section 18.62.40, an appellant shall also submit a written appraisal, prepared by an independent, qualified, construction estimator, relating to the value of such structure. The determination of estimated cost may be appealed to the city manager, who shall conduct a hearing in accordance with the provisions of Section 18.62.140 and whose decision shall be deemed final and conclusive.

(Ord. 2806 § 11 (part), 2002)